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ESA change of circumstance
- organic
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3 years 10 months ago #254496 by organic
Replied by organic on topic ESA change of circumstance
Hello,
I have recently been placed in the Support Group for New Style Contribution Based ESA following my WCA.
I was awarded 15 points for the moving around descriptor.
During my WCA the assessor asked if my wife washes and dresses me? I said no. I gave the answer on my ESA50 and from previous PIP award. The assessor decided to ignore my answer and state in her report that my wife washes and dresses me every other day.
I recorded the call. At no point did I say my wife helps me with these tasks. I did say I could do with the help, but I don't get it.
What advice would you give when an assessor has written something in their report that the claimant didn't say?
I don't want to ask for a mandatory reconsideration as I am happy with my award.
Kind regards,
Organic
I have recently been placed in the Support Group for New Style Contribution Based ESA following my WCA.
I was awarded 15 points for the moving around descriptor.
During my WCA the assessor asked if my wife washes and dresses me? I said no. I gave the answer on my ESA50 and from previous PIP award. The assessor decided to ignore my answer and state in her report that my wife washes and dresses me every other day.
I recorded the call. At no point did I say my wife helps me with these tasks. I did say I could do with the help, but I don't get it.
What advice would you give when an assessor has written something in their report that the claimant didn't say?
I don't want to ask for a mandatory reconsideration as I am happy with my award.
Kind regards,
Organic
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- BIS
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3 years 10 months ago #254507 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic ESA change of circumstance
Hi Organic
I would just leave it. Assessors don't always get it right - and if it was detrimental to you I would say let them know. You have gained no advantage in this mistake being made and you aren't committing fraud. You also said you could do with the help - so perhaps they misinterpreted that. When it comes for renewal you can write it, and say it, just as you have done this time.
BIS
I would just leave it. Assessors don't always get it right - and if it was detrimental to you I would say let them know. You have gained no advantage in this mistake being made and you aren't committing fraud. You also said you could do with the help - so perhaps they misinterpreted that. When it comes for renewal you can write it, and say it, just as you have done this time.
BIS
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The following user(s) said Thank You: organic
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3 years 10 months ago #254508 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic ESA change of circumstance
Hi Organic
I would just leave it. Assessors don't always get it right - and if it was detrimental to you I would say let them know. You have gained no advantage in this mistake being made and you aren't committing fraud. You also said you could do with the help - so perhaps they misinterpreted that. When it comes for renewal you can write it, and say it, just as you have done this time.
BIS
I would just leave it. Assessors don't always get it right - and if it was detrimental to you I would say let them know. You have gained no advantage in this mistake being made and you aren't committing fraud. You also said you could do with the help - so perhaps they misinterpreted that. When it comes for renewal you can write it, and say it, just as you have done this time.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- organic
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3 years 6 months ago #258849 by organic
Replied by organic on topic ESA change of circumstance
Hello,
I am in receipt of New Style ESA (contribution based / support group) and PIP. I have never claimed UC before.
I am coming to the end of a divorce and will be moving out of my property (joint owner occupier). I was previously told by Gary to report a change of address to the DWP when I move out.
My wife is buying out my share of the equity and I intend to use it to purchase a share of a shared ownership property.
Gary previously explained that I can apply to UC for help with the rent and service charge (housing element) and that I would stay on New Style ESA (contribution based / support group). Is this only true if I purchase a property in my area?
Would my New Style ESA (contribution based / support group) be moved over to UC LCWRA if I purchase a shared ownership property in a neighbouring town and need to make a claim for UC to help with the rent once I move there?
Kind regards,
Organic
I am in receipt of New Style ESA (contribution based / support group) and PIP. I have never claimed UC before.
I am coming to the end of a divorce and will be moving out of my property (joint owner occupier). I was previously told by Gary to report a change of address to the DWP when I move out.
My wife is buying out my share of the equity and I intend to use it to purchase a share of a shared ownership property.
Gary previously explained that I can apply to UC for help with the rent and service charge (housing element) and that I would stay on New Style ESA (contribution based / support group). Is this only true if I purchase a property in my area?
Would my New Style ESA (contribution based / support group) be moved over to UC LCWRA if I purchase a shared ownership property in a neighbouring town and need to make a claim for UC to help with the rent once I move there?
Kind regards,
Organic
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- Gary
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3 years 6 months ago #258918 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA change of circumstance
Hi organic
New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.
The Income Related benefit that goes with NS ESA is Universal Credit.
Your post is a bit confusing as you say 'I am in receipt of New Style ESA (contribution based / support group)'.
For New Style ESA the 'support group' is called the LCWRA.
As you are in receipt of contribution based NS ESA then it does not matter which area you move to, where it does become a bit more complicated is when you have to apply for the housing element.
Before you go down this route you need to discuss your situation with a Welfare Rights Organisation who can take all your circumstances into consideration when giving advice. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies.
advicelocal.uk
Gary
New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.
The Income Related benefit that goes with NS ESA is Universal Credit.
Your post is a bit confusing as you say 'I am in receipt of New Style ESA (contribution based / support group)'.
For New Style ESA the 'support group' is called the LCWRA.
As you are in receipt of contribution based NS ESA then it does not matter which area you move to, where it does become a bit more complicated is when you have to apply for the housing element.
Before you go down this route you need to discuss your situation with a Welfare Rights Organisation who can take all your circumstances into consideration when giving advice. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies.
advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 6 months ago #258923 by organic
Replied by organic on topic ESA change of circumstance
Hi Gary,
I am sorry my post was confusing.
I originally applied for contribution based New Style ESA. After my WCA I was found to have limited capability for work related activity and I was placed in the Support Group.
I understand from your response I will stay on contribution based New Style ESA if I move to a new area as long as I dont need help with the rent.
Is it possible to give me a generic answer to when claiming the Housing Element of Universal Credit after a move would trigger a change from contribution based ESA LCWRA to UC LCWRA?
I will seek further specialist advice, but would appreciate it if I understood the basics of the situation.
As always I appreciate your help.
Organic
I am sorry my post was confusing.
I originally applied for contribution based New Style ESA. After my WCA I was found to have limited capability for work related activity and I was placed in the Support Group.
I understand from your response I will stay on contribution based New Style ESA if I move to a new area as long as I dont need help with the rent.
Is it possible to give me a generic answer to when claiming the Housing Element of Universal Credit after a move would trigger a change from contribution based ESA LCWRA to UC LCWRA?
I will seek further specialist advice, but would appreciate it if I understood the basics of the situation.
As always I appreciate your help.
Organic
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